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INTERN. MARINE TOWING, INC. v. SOUTHERN LEASING PARTNERS

No. 82-3348.

722 F.2d 126 (1983)

INTERNATIONAL MARINE TOWING, INC., Plaintiff-Appellant, v. SOUTHERN LEASING PARTNERS, LTD., etc., et al., Defendants-Appellees. FIRST MISSISSIPPI NATIONAL BANK, Plaintiff-Appellee, v. INTERNATIONAL MARINE TOWING, INC., Intervenor-Plaintiff-Appellant, v. M/V KING'S CHALLENGER, her engines, tackle, apparel, etc., in rem, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 22, 1983.

Attorney(s) appearing for the Case

Phelps, Dunbar, Marks, Claverie & Sims, James H. Roussel, New Orleans, La., for plaintiff-appellant.

Lemle, Kelleher, Kohlmeyer & Matthews, W.E. Noel, New Orleans, La., for First Miss. Nat. Bank.

Before GARZA, RANDALL and GARWOOD, Circuit Judges.

RANDALL, Circuit Judge:

This appeal involves the breach of a bare-boat charter party. The issue presented for our determination is whether a maritime lien arises in favor of the charterer for the owner's breach of the charter party. Appellant International Marine Towing, Inc. ("IMT") contends that the district court erred in holding that IMT could not acquire a lien on the M/V KING'S CHALLENGER for breach of a charter party as a matter of law and as a result of a...

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